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Opinions

Notice: Not all of the Judges Opinions will be made available on this site. Individual Judges have the option of specifying that all, some or none of their opinions be posted.

Audrey R. Evans

Court denied motion to impose an automatic stay under section 362(c)(4)(B) to a case where the stay had expired as provided in section 362(c)(3)(A) because the motion to impose a stay was not filed within 30 days of the bankruptcy petition filing. 339 B.R. 474 (Bankr. E.D. Ark. 2006).

Court adopted Judge Marvin Isgur’s ruling in In re Hernan Toro-Arcila, 334 B.R. 224 (Bankr. S.D. Tex. 2005), holding that section 362(c)(4)(B) applies to cases in which the automatic stay has expired under section 362(c)(3)(A) provided a motion to impose an automatic stay is filed within 30 days of the bankruptcy petition filing. 339 B.R. 472 (Bankr. E.D. Ark. 2006).

Motion for Extension of Time to File Certificate denied because a "Certification Regarding Exigent Circumstances" (a separate document prepared by the Debtor’s counsel which meets the requirements set forth in § 109(h)(3)(A)) should be filed instead using the ECF event labeled “Exigent Circumstances re: Credit Counseling” (under miscellaneous events). Not selected for publication.

Court denied Debtor's Motion to Extend the Automatic Stay because it was filed the same day that the automatic stay (as limited by § 362(c)(3)(A)) expired, and the Court may only extend the automatic stay after notice has been provided and a hearing completed before the expiration of the automatic stay. Not selected for publication.

In re Hamilton. Although Judge Evans's procedure with respect to motions to extend the automatic stay under 11 U.S.C. s. 362(c)(3)(B) is to set such motions for hearing before the thirty-day automatic stay expires, the pleading in this instance was stricken due to its many errors and omissions. Not selected for publication.

Judge Richard D. Taylor

Court found that debtor established a head of household homestead exemption prior to filing bankruptcy petition. Once established, the exemption continued until extinguished, abandoned, or waived. Trustee’s objection to exemption overruled.

The court found that under 11 U.S.C. § 1325(b)(2), a charitable contribution to a qualified religious or charitable entity or organization, as those terms are defined by 11 U.S.C. § 548(d)(3) and (4), that does not exceed 15 percent of the debtor’s gross income for the year in which the contributions are made are reasonable without further inquiry of the court. The court was not asked to rule on whether the debtor’s plan was filed in good faith.

Debtor did not provide tax returns to trustee prior to meeting of creditors. Absent proof of circumstances beyond the control of the debtor, Court must dismiss the case under s. 521(e)(2).

Trustee’s motion to dismiss for failure to provide trustee copies of tax returns under § 521(e)(2) granted. Debtor failed to show that failure to provide the returns was due to circumstances “beyond the control of the debtor.” Not selected for publication.

Court denied debtor's motion to extend the exigent circumstances exemption because the predicate certification of exigent circumstances was not in proper form. Certification requires (1) a description of exigent circumstances the merit a waiver of the credit counseling requirement, (2) a statement that the debtor was unable to obtain credit counseling within 5 days prior to filing the petition, and (3) that the certification is satisfactory to the court. Not selected for publication.

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